Dr. Scott was a pioneer in the field, becoming one of only a few female ophthalmologists in the Pittsburgh area when she began her practice in 1958. 189, 88 L.Ed.2d 157 (1985).. It started when a pizza box was left on top of a hot burner. [Ex parte Williams, 548 So.2d 518, 520 (Ala.1989) ] In order to establish a proper chain, the State must show to a reasonable probability that the object is in the same condition as, and not substantially different from, its condition at the commencement of the chain. McCray v. State, 548 So.2d 573, 576 (Ala.Crim.App.1988).. at 342 (Stevens, J., concurring in the result). Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. Scott v. State, [Ms. CR081747, Oct. 5, 2012] _ So.3d _ (Ala.Crim.App.2012). Therefore, the findings reflected in the jury's verdict alone exposed Waldrop to a range of punishment that had as its maximum the death penalty. We have a lot of details to those fires that we think would definitely establish a similar type of plan as [the prosecutor] already discussed to burn down houses to get insurance proceeds. The record shows that Scott moved to dismiss the charges at various times throughout the course of the trial. The Court: Just address it specifically to this case. He began to cry at this point. WebChristie Michelle Scott Women On Death Row. The following occurred: [Defense counsel]: Judge, there was some requested instructions dealing with spoliation of evidence. Here, the trial court provided standard instructions repeatedly approved by this Court as an adequate description on the role of the penalty-phase jury. P. While this failure to object does not preclude review in a capital case, it does weigh against any claim of prejudice. Ex parte Kennedy, 472 So.2d 1106, 1111 (Ala.1985). The Supreme Court found that Carroll's lack of a significant criminal history, the victim's family requests to spare Carroll's life, and the jury's 10 to 2 recommendation tip [ed] the scales in favor of a sentence of life imprisonment. The Alabama requirement is more like that now affirmed by the United States Supreme Court under which the judge must simply decide whether the evidence is sufficient for the jury to decide that the collateral act did occur and that the accused committed it.. The balancing approach taken by the Delaware Supreme Court in Hammond v. State, 569 A.2d 81, 87 (Del.1989), is representative of the approach used by other courts that have rejected Youngblood's single bad faith standard. Scott was indicted for, and was convicted of, murdering six-year-old Mason during the course of an arson and for pecuniary gain, violations of 13A540(a)(7), (a)(9), and (a)(15), Ala.Code 1975. Thornton testified that almost 2,000 photographs had been taken at the scene. Scott told her that her house was on fire. for cause because, she says, L.H. Where is my grandbabies? (R. Dr. Raphael Franco, an electrical engineer, testified that he was contacted by an Alcohol, Tobacco, and Firearms agent to evaluate whether the fire was electrical in origin. As with the state of mind of a juror, evaluation of the prosecutor's state of mind based on demeanor and credibility lie peculiarly within a trial judge's province. Wainwright v. Witt, 469 U.S. 412, 428, 105 S.Ct. The record shows that the State called Munger to testify concerning the origin of the fire. (R. The jury recommended a life sentence, but The circuit court committed no error in allowing the venire to be death-qualified. The circuit court held a separate sentencing hearing, declined to follow the jury's recommendation, and sentenced Scott to death. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 1895.) WebView Scott Christie results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. Texas Has Scheduled Her Execution for April 27. Previous Post Christie Michelle Scott Women On Death Row. The instructions, taken as a whole, did not imply that the jurors had to unanimously agree on a mitigating circumstance before finding that a mitigating circumstance was present. And, secondly, he wrote on his questionnaire he had no confidence in the Russellville Police Department, and we've made it a point to strike all the people that had no confidence in law enforcement., (R. We cannot find error in the circuit court's assignment of little weight to the victims's family's wishes given that they disagreed with the jury's finding of guilt and that they were also Scott's family. She is now on death row with the conviction of being a murderer. The state may examine a witness on redirect as to matter injected into a case on cross-examination by the defense. Hollingsworth v. State, 549 So.2d 110, 111 (Ala.Cr.App.1988), and cases cited therein. '. 3458.). However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. In her defense, Scott presented the testimony of two experts in fire investigation and numerous friends and family members. 1364, 113 L.Ed.2d 411 (1991); Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. Evid., to the above testimony, other courts have held that the scope of Rule 404(b), Ala. R. In the Brady context, evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Barber v. State, 952 So.2d 393, 429 (Ala.Crim.App.2005), quoting in part United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. Facebook gives people the power to share and makes the world more open and connected. The second fire, which occurred on January 14, 2006, started in the kitchen and destroyed the Scott's house. The following occurred: The Court: [J.M.] And that is one of the reasons she was indicted in this case. also responded that he had no confidence in the Russellville Police Department. The sole purpose of requiring that the trial judge, as the sentencing authority, make a written finding of the aggravating circumstance is to provide for appellate review of the sentence of death. Ex parte Kyzer, 399 So.2d 330, 338 (Ala.1981). On redirect examination by the State, the following occurred: [Prosecutor]: Is that something that you notice or something is involved in kinesics when persons leave long periods of silence before answering questions? It was his opinion that the fire originated in the television cabinet. See also State v. Lowther, 434 N.W.2d 747, 753 (S.D.1989) (There was a similar sequential relationship between the January fire and the December fire. Briggs argued on appeal that the prior fires were not admissible because he was never charged with those fires, that he was not seen starting those fires, and that the evidence was admitted only to show his propensity to commit the charged arson. 1115.) Given the facts presented in this case, the circuit court's failure to give the victim's family members wishes great weight does not conflict with the Supreme Court's decision in Carroll. Any lost receptacle was done unintentionally or negligently. Linzy v. State, 455 So.2d 260, 262 (Ala.Crim.App.1984). Even assuming arguendo that this part of the argument was improper, we do not believe that the trial court abused its judgment in overruling defendant's objection.. Neither is Scott's death sentence disproportionate nor excessive as compared to the penalties imposed in similar cases. The Court does consider the impact on her family, particularly her younger son, and gives this circumstance its due weight. The Court would not use residual doubt in its consideration, but that being stated, this Court has no residual doubt as to [Scott's] guilt. 504, 580 N.E.2d 130 (1991). Join Facebook to connect with Christie Scott and others you may know. 2273, 101 L.Ed.2d 80 (1988) ], [United States v.] MartinezSalazar, [528 U.S. 304 (2000),] Bethea [v. Springhill Memorial Hospital, 833 So.2d 1 (Ala.2002),] and Turner [v. State, 160 Ala. 55, 49 So. These states take authority from Justice Stevens's concurring opinion in Arizona v. Youngblood wherein he wrote: there may well be cases in which the defendant is unable to prove that the State acted in bad faith but in which the loss or destruction of evidence is nonetheless so critical to the defense as to make a criminal trial fundamentally unfair. , Fairness and an aversion to prejudice have prompted these states to look to their state constitutions to build upon, further expand, or limit the Arizona v. Youngblood test to encompass an unfair prejudice prongeither in addition to or at the expense of the bad faith prong. [The defendant] relies on the presumed prejudice standard announced in Rideau, and applied by the United States Supreme Court in Estes and Sheppard. The court also found as nonstatutory mitigating circumstances: that Scott was loved, that Scott's death would have an impact on her surviving son, that Scott had helped people throughout her life, and that the jury had recommended a sentence of life imprisonment without the possibility of parole. The majority of courts addressing due process claims based on lost or destroyed evidence have not found constitutional violations in the absence of Youngblood's flat bad faith requirement. See, e.g., United States v. Hamell, 931 F.2d 466, 469 (8th Cir. for the following reasons: We've done a lot of research on the jury list and as far as juror [B.H. See Phillips v. State, 39 So.3d 296, 304 (Fla.), cert. GM was forced to use 5 of its 19 peremptory challenges, over 25%, to eliminate potential jurors who should have been struck by the trial court pursuant to GM's challenges for cause. WebJeremy Scott told jurors Friday in his wife's capital murder trial that she did not start the 2008 fire that killed their 6-year-old son, Mason. [Prosecutor]: He's going into more explanation as to why. The Supreme Court stated the following concerning the scope of 13A547(e), Ala.Code 1975: We take this opportunity to further explain the effect of a jury's recommendation of life imprisonment without the possibility of parole. I woke up at 2:00 and 2:30, and I was justit's just too close to kids. But I haven't slept the last two nights worrying about it. Dr. Kalin testified that he identified the following drugs in Mason's system: amphetamines, codeine, and promethazine, an antihistamine typically used to treat nausea in postoperative patients. 79496.) and M.W. (R. See Rule 45A, Ala. R.App. More significantly, the trial judge instructed the jury: If you find that the State has allowed to be destroyed or lost any evidence whose content or quality are in issue, you may infer that the true fact is against the State's interest. As a result, the uncertainty as to what the evidence might have proved was turned to the defendant's advantage. I would still listen and beand listen and go by the evidence. 1507, 16 L.Ed.2d 600 (1966); Rideau [v. Louisiana, 373 U.S. 723, 83 S.Ct. The circuit court did not abuse its considerable discretion in determining that Munger was an expert in the field of fire science based on his extensive qualifications and the Supreme Court's opinion in Carruth. 11 So.3d at 339. also did not ask to be excused from service because of her grandchild. ), cert. Robert Robinson, a senior vice president for Alfa Insurance, testified that Alfa had two life-insurance policies on Mason Scott. The circuit court suppressed the test results because the defendants had been denied access to potentially exculpatory material. Ginqo, 605 So.2d at 1236. 1758, 90 L.Ed.2d 137 (1986). A good portion of Scott's testimony was inconsistent with the testimony of numerous State witnesses. The prosecutor stated that he struck juror B.H. In the same year, The Alabama Supreme Court in White Consolidated Industries, Inc. V. American Liberty Insurance Co., 617 S.2d 657 (Ala.1993), further extended this holding to white prospective jurors. A separate sentencing hearing was held. [A] fact is admissible against a relevancy challenge if it has any probative value, however slight, upon a matter in the case. Knotts v. State, 686 So.2d 431, 468 (Ala.Crim.App.1995). Log In Sign Up. I picked up Noah Riley, kissed him, told him I loved him, and dropped him out of the window. 1312.) However, this Court on numerous occasions has upheld that statute against similar attacks. Silver v. State, 705 So.2d 552, 55667 (Ala.Crim.App.1997), quoting Giddens v. State, 565 So.2d 1277, 1281 (Ala.Crim.App.1990). C.L.M., Jr. v. State, 531 So.2d 699 (Ala.Crim.App.1988). 883 So.2d at 67273. Scott next argues that the circuit court erred in allowing Deputy James Edwards of the Alabama State Fire Marshal's Office to testify about Scott's demeanor during her interview. [S.S.]: I would listen to everything. So based on that preexisting information that you have, then you think that it may affect your ability to be fair and impartial? He's never going to play ball again. One of three alternative counts was that Ms. Scott is indicted for, as far as a motive, for pecuniary gain. Cochran v. State, 500 So.2d 1161 (Ala.Crim.App.1984), aff'd in pertinent part, remanded on other part, 500 So.2d 1179 (Ala.1985), aff'd on return to remand, 500 So.2d 1188 (Ala.Cr.App. (1) Culpability of the State. After weighing all these circumstances, the circuit court sentenced Scott to death. 1128.) continuously said that the fact that her brother is a witness in this trial that that would not affect her ability to be fair, it's our position and caselaw supports our position that the jurors themselves are sometimes ill-postured to make a determination as to whether or not they can be fair. State v. Berry, 356 N.C. 490, 519, 573 S.E.2d 132, 151 (2002). 2650.). indicated that he could follow the law and consider the mitigating evidence. [Ex parte ] Carroll, 852 So.2d [833] at 836 [ (Ala.2002) ]. Scott next asserts that the circuit court should have removed juror S.S. for cause based on her views toward the death penalty and because she knew State witness Brian Copeland. (R. All the damage that I observed appeared to come from external heat. Doster v. State, 72 So.3d 50, 7374 (Ala.Crim.App.2010). I spent 6 years at Allied to earn a living and pay my way After detailing Munger's qualifications, the Supreme Court stated: [W]e are persuaded that Munger possessed the qualifications to testify as an expert in matters of fire science and technology. 643 So.2d at 1343. Mason's high level of carbon monoxide did not change his opinion, he said: I feel like that, as I explained, the way the fire built up and ventilated out of that hallway that it probably burned slow early on for several minutes and that allowed [Mason] to breathe a large amount of this carbon monoxide before the room actually built up enough to get flashover, if, indeed, it did. (R.1922. See 13A551(1), Ala.Code 1975. In other words, this particular murder fit the definition of three different ways the Alabama legislature has set out to be bad enough to justify capital murder. Copeland said that Scott told him that all the doors were locked and there was no way to get inside the house, that Scott did not enter any numbers in the keypad to open the garage door in his presence, that he did not enter any numbers in the keypad, and that he did not have to restrain Scott to prevent her from going into the house. (3) Prejudice to Scott. Initially, this Court notes that, [i]f the accused's commission of another crime is otherwise competent and admissible under one of the exceptions to the general exclusionary rule, the state may prove his guilt of the other crime by the same kind of evidenceboth circumstantial and directthat would be admissible if the accused were being tried for the other crime. McElroy's Alabama Evidence, supra, at 69.02(5). 3893.) The state in this case is being allowed to show this evidence as to plan, motive, and identity. Any witness that has been listed by the State on its notice pertaining to these two fires will be permitted to testify. Given the unique circumstances presented in this case, we cannot say that the missing evidence was material to Scott's defense. Brownfield v. State, 44 So.3d 1, 34 (Ala.Crim.App.2007). Justice must be served. Dunning v. State, 659 So.2d 995, 997 (Ala.Crim.App.1994). Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). However, when detailing the aggravating circumstances in its sentencing order, the circuit court correctly found the existence of two aggravating circumstances: that the murder was committed for pecuniary gain and that the murder was especially heinous, atrocious, or cruel when compared to other capital murders. See Harville v. State, 386 So.2d 776 (Ala.Crim.App.1980); Bass v. State, 375 So.2d 540 (Ala.Crim.App.1979). We went to sleep. To override the jury's recommendation, Ex parte Carroll directs the trial court to try to discern why the jury made their recommendation. White v. State, 546 So.2d 1014, 1017 (Ala.Crim.App.1989). See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011). WebLicense Applicant 1 Name Applicant 2 Name Date Married ; 2022-3002: Estes, William Harrison: Sias, Meagan Sheri: 09/17/2022: Opt-Out: Request Copy: 2022-3037: Wild, Nicholas Thomas Anna Kay Greenhill, a hair stylist at Hello Gorgeous, testified that on the day of Mason's death, Christie and Jeremy came to the shop for Jeremy's scheduled appointment. denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. The voir dire examination shows that jurors B.H. The Court: All right. 2031, 44 L.Ed.2d 589 (1975); Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. In United States v. Herndon, 982 F.2d 1411 (10th Cir.1992), the defendant argued that similar acts evidence was irrelevant because the government had failed to prove that he had committed the earlier similar offense on which proof had been admitted. I'll give you leave if you can find any one charge from a case that deals with something that's not intentional, I'll consider giving it.